The Essentials: It’s illegal to discriminate against employees or job applicants based on their race, religion, national origin, or sex. S. 815, known as ENDA, would add sexual orientation and gender identity to that list. Workers could file claims with the U.S. Equal Employment Opportunity Commission and sue if they believed an employer had discriminated against them for being or appearing to be lesbian, gay, bisexual, or transgender. Religious organizations and the U.S. military could not be sued.